Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31119 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BARAHAT District- Banka ====================================================== GULSHAN KUMAR, S/o Shankar Yadav Resident of Mirjapur, P.S.- Barahat, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/ss 25(1-B)(a), 26 and 35 of the Arms Act and u/s 414 of Indian Penal Code. As per the prosecution case, on seeing the police, a miscreant began to flee but was apprehended by the police who disclosed his name as Gulsan Kumar. On search, a countrymade pistol and a live cartridge were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.31119 of 2022(2) dt.12-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case due to village politics. Learned counsel for the petitioner has further submitted that the petitioner was not put on T.I. Parade by the prosecution. There is general and omnibus allegation against the petitioner. The petitioner is also accused one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2022. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Barahat P.S. Case No. 44 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T